This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/us-news/2016/feb/18/sandra-bland-wrongful-death-lawsuit-lawyers-clash
The article has changed 3 times. There is an RSS feed of changes available.
Version 0 | Version 1 |
---|---|
Sandra Bland family clashes with Texas over release of death details | Sandra Bland family clashes with Texas over release of death details |
(about 3 hours later) | |
Lawyers clashed over the release of details regarding Sandra Bland’s death and detention, as a federal judge in Houston weighed on Thursday whether her family’s wrongful death lawsuit should be delayed. | Lawyers clashed over the release of details regarding Sandra Bland’s death and detention, as a federal judge in Houston weighed on Thursday whether her family’s wrongful death lawsuit should be delayed. |
Brian Encinia, the Texas trooper who arrested Bland last July, faces a criminal perjury charge as well as a civil suit brought by her mother, Geneva Reed-Veal. At a hearing in the civil case, the state’s attorney argued for a stay until after the criminal matter is resolved. Texas assistant attorney general Seth Dennis told the court that a delay would ensure Encinia has a fair trial, because it would be unreasonable for him to have to defend himself in two cases at once. | Brian Encinia, the Texas trooper who arrested Bland last July, faces a criminal perjury charge as well as a civil suit brought by her mother, Geneva Reed-Veal. At a hearing in the civil case, the state’s attorney argued for a stay until after the criminal matter is resolved. Texas assistant attorney general Seth Dennis told the court that a delay would ensure Encinia has a fair trial, because it would be unreasonable for him to have to defend himself in two cases at once. |
Encinia’s arraignment is scheduled for next month, and he reportedly intends to plead not guilty. The civil trial is set for next January. Attorneys for Bland’s family are strongly opposed to any postponement, and the sides have accused each other of a failure to cooperate as they seek evidence for their respective cases. | Encinia’s arraignment is scheduled for next month, and he reportedly intends to plead not guilty. The civil trial is set for next January. Attorneys for Bland’s family are strongly opposed to any postponement, and the sides have accused each other of a failure to cooperate as they seek evidence for their respective cases. |
Bland’s family wants to view original copies of videos of her arrest and time inside the jail where she died in what was ruled a suicide. Family attorney Cannon Lambert said after the hearing that he wants to be certain authorities have not abridged or doctored the videos, given that they appeared to contain glitches and were lapses when they were made public last summer. | |
Judge David Hittner told the defendants to let the family view the videos at a private screening. “Put ’em in a room, press the button and let them see it,” he said. | |
Bland’s family is also trying to gain access to a lengthy report given to the FBI by the Texas Rangers, which the family believe contains previously unseen and potentially significant details, such as witness interviews. “How can you depose someone without knowing what they’ve previously said?” Lambert asked. | Bland’s family is also trying to gain access to a lengthy report given to the FBI by the Texas Rangers, which the family believe contains previously unseen and potentially significant details, such as witness interviews. “How can you depose someone without knowing what they’ve previously said?” Lambert asked. |
Related: Sandra Bland: suspicion and mistrust flourish amid official inconsistencies | Related: Sandra Bland: suspicion and mistrust flourish amid official inconsistencies |
An FBI representative in court handed the report to the judge, who asked why so much of it was redacted, and told the FBI to restore as much detail as possible in a fresh copy required by Monday. | An FBI representative in court handed the report to the judge, who asked why so much of it was redacted, and told the FBI to restore as much detail as possible in a fresh copy required by Monday. |
Larry Simmons, an attorney for Waller County, asked the judge to split the case in two: one trial centered on Encinia and the traffic stop during which Bland was arrested, and another for what happened after Bland arrived at the jail. | Larry Simmons, an attorney for Waller County, asked the judge to split the case in two: one trial centered on Encinia and the traffic stop during which Bland was arrested, and another for what happened after Bland arrived at the jail. |
“There has been a lot of coverage over the stop and arrest,” Simmons said, “and that of course is completely unrelated to what happened in the jail.” | “There has been a lot of coverage over the stop and arrest,” Simmons said, “and that of course is completely unrelated to what happened in the jail.” |
Reed-Veal’s attorneys pushed back, arguing that the traffic stop was part of a series of incidents that led to Bland’s death – and that Encinia played significant roles at both locations. | Reed-Veal’s attorneys pushed back, arguing that the traffic stop was part of a series of incidents that led to Bland’s death – and that Encinia played significant roles at both locations. |
Hittner adjourned the hearing without making a ruling whether to divide the case or postpone the civil suit. There were about 50 Bland supporters and family members in the courthouse, many wearing T-shirts bearing her name. | Hittner adjourned the hearing without making a ruling whether to divide the case or postpone the civil suit. There were about 50 Bland supporters and family members in the courthouse, many wearing T-shirts bearing her name. |
Reed-Veal filed the lawsuit last August, and alleges that her daughter was mistreated and denied constitutional rights during her arrest, when a mundane traffic stop escalated into a physical altercation. The suit also claims she was denied rights in jail, in that officials neglected her and failed to ensure her safety there. It names Encinia and a host of Waller County officials, including two jailers who processed Bland’s arrival. | Reed-Veal filed the lawsuit last August, and alleges that her daughter was mistreated and denied constitutional rights during her arrest, when a mundane traffic stop escalated into a physical altercation. The suit also claims she was denied rights in jail, in that officials neglected her and failed to ensure her safety there. It names Encinia and a host of Waller County officials, including two jailers who processed Bland’s arrival. |
The Texas Department of Public Safety announced they would fire Encinia after a Waller County grand jury indicted him last month, on a misdemeanour perjury charge related to a jail form contention that he removed Bland from her car to conduct the traffic stop safely. To the anger of Bland’s supporters there were no other indictments related to her death or arrest. | The Texas Department of Public Safety announced they would fire Encinia after a Waller County grand jury indicted him last month, on a misdemeanour perjury charge related to a jail form contention that he removed Bland from her car to conduct the traffic stop safely. To the anger of Bland’s supporters there were no other indictments related to her death or arrest. |
Bland had just moved from Illinois to Texas to start a job at her alma mater, Prairie View A&M University, near Houston, when Encinia pulled her over near the campus on 10 July last year, for failing to signal a lane change. Dashcam video shows the stop quickly became a verbal and physical confrontation. | Bland had just moved from Illinois to Texas to start a job at her alma mater, Prairie View A&M University, near Houston, when Encinia pulled her over near the campus on 10 July last year, for failing to signal a lane change. Dashcam video shows the stop quickly became a verbal and physical confrontation. |
Apparently angered by Bland’s refusal to put out a cigarette, Encinia threatened to drag her out of the car and “light [her] up” with a Taser. They walk off camera, then Bland is seen with her wrists behind her back.“You’re about to break my wrist, stop,” she screamed, “you’re a real man now, you just slammed me, knocked my head into the ground, I got epilepsy.” | Apparently angered by Bland’s refusal to put out a cigarette, Encinia threatened to drag her out of the car and “light [her] up” with a Taser. They walk off camera, then Bland is seen with her wrists behind her back.“You’re about to break my wrist, stop,” she screamed, “you’re a real man now, you just slammed me, knocked my head into the ground, I got epilepsy.” |
Related: Sandra Bland's death in police custody puts spotlight on Texas jail standards | Related: Sandra Bland's death in police custody puts spotlight on Texas jail standards |
She was arrested on suspicion of assault and taken to the Waller County jail. Three days later she was found dead in her cell. Given the rural county’s history of racism, the context of recent high-profile deaths of African Americans at the hands of police and her family’s insistence that she would not have killed herself, the case quickly attracted national attention and a slew of conspiracy theories. | She was arrested on suspicion of assault and taken to the Waller County jail. Three days later she was found dead in her cell. Given the rural county’s history of racism, the context of recent high-profile deaths of African Americans at the hands of police and her family’s insistence that she would not have killed herself, the case quickly attracted national attention and a slew of conspiracy theories. |
An autopsy report concluded that the 28-year-old hanged herself using a plastic trash bag. Intake forms contained inconsistencies but one indicated that Bland told jailers she had previously attempted to end her own life. In July the Waller County jail was cited by the Texas Commission on Jail Standards for failing to follow mental health training protocols, and for not checking on inmates frequently enough. | An autopsy report concluded that the 28-year-old hanged herself using a plastic trash bag. Intake forms contained inconsistencies but one indicated that Bland told jailers she had previously attempted to end her own life. In July the Waller County jail was cited by the Texas Commission on Jail Standards for failing to follow mental health training protocols, and for not checking on inmates frequently enough. |
In response to the lawsuit, attorneys for Waller County have argued that Bland killed herself because she was upset by the failure of friends and family to post bond. Attorneys for Encinia contend that he acted within the law during the stop, including when he threatened to use a Taser. | In response to the lawsuit, attorneys for Waller County have argued that Bland killed herself because she was upset by the failure of friends and family to post bond. Attorneys for Encinia contend that he acted within the law during the stop, including when he threatened to use a Taser. |
“Officers are justified in drawing their weapons during a traffic stop,” they wrote in a court filing this month, “if they have reason to believe that an occupant of the car might be dangerous.” | “Officers are justified in drawing their weapons during a traffic stop,” they wrote in a court filing this month, “if they have reason to believe that an occupant of the car might be dangerous.” |
Bland’s story has continued to resonate nationwide. Reed-Veal supported Hillary Clinton at a campaign rally for the presidential candidate in Chicago on Wednesday,and Clinton’s rival, Bernie Sanders, had a chance meeting with Reed-Veal last year, and has repeatedly referenced Bland as an example of racial inequality in the criminal justice system. | Bland’s story has continued to resonate nationwide. Reed-Veal supported Hillary Clinton at a campaign rally for the presidential candidate in Chicago on Wednesday,and Clinton’s rival, Bernie Sanders, had a chance meeting with Reed-Veal last year, and has repeatedly referenced Bland as an example of racial inequality in the criminal justice system. |